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Naresh vs State on 13 December, 2019

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 14967/2019

Naresh S/o Shri Madaram Garg, Aged About 29 Years, Meghwalo
Ka Vaas, Paatodi, Tehsil Pachpadra, District Barmer. (Confined In
Sub Jail, Balotra).

—-Petitioner
Versus
State, Through P.p.

—-Respondent

For Petitioner(s) : Mr. J.P. Bhardwaj
For Respondent(s) : Mr. Sharvan Bishnoi, P.P.

Mr. C.S. Rajpurohit for complainant

HON’BLE MR. JUSTICE VIJAY BISHNOI

Order

13/12/2019

Heard learned counsel for the petitioner, learned Public

Prosecutor as well as learned counsel for the complainant and also

perused the material on record.

The petitioner has been arrested in connection with FIR

No.169/2019 of P.S. Pachpadra, District Barmer for the offences

punishable under Sections 498A and 304B of I.P.C. He has

preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that

allegation of harassing the deceased to commit suicide levelled

against the petitioner is false. It is submitted that uncles of the

deceased Mula Ram and Bhanwar Lal and mother of deceased

Manju have not levelled any specific allegation of harassment

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(2 of 2) [CRLMB-14967/2019]

against the petitioner. It is submitted that omnibus allegation of

harassment has been levelled against all the family members of

the petitioner. Learned counsel for the petitioner has submitted

that the petitioner is brother-in-law of the deceased and he did

not instigate her to commit suicide. Learned counsel for the

petitioner has submitted that charge-sheet has been filed and trial

of the case will take time.

Learned Public Prosecutor as well as learned counsel for the

complainant have vehemently opposed the bail application.

Having regard to the totality of the facts and circumstances

of the case and having taken into consideration the statements of

the witnesses recorded durintg the course of invesstigation and

the fact that the petitonier is brother-in-law of the deceased,

without expressing any opinion on the merits of the case, I deem

it just and proper to grant bail to the accused petitioner under

Section 439 Cr.P.C.

Accordingly, this bail application filed under Sec.439 SectionCr.P.C. is

allowed and it is directed that petitioner Naresh S/o Shri Madaram

Garg shall be released on bail in connection with FIR No.169/2019

of P.S. Pachpadra, District Barmer provided he executes a

personal bond in a sum of Rs.50,000/- with two sound and solvent

sureties of Rs.25,000/- each to the satisfaction of learned trial

court for his appearance before that court on each and every date

of hearing and whenever called upon to do so till the completion of

the trial.

(VIJAY BISHNOI),J

47-Babulal/-

(Downloaded on 14/12/2019 at 12:45:52 AM)

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